62.24—Teachers.
(a) Purpose.
These regulations govern exchange visitors who teach full-time in primary and secondary accredited educational institutions. Programs under this section promote the interchange of American and foreign teachers in public and private schools and the enhancement of mutual understanding between people of the United States and other countries. They do so by providing foreign teachers opportunities to teach in primary and secondary accredited educational institutions in the United States, to participate actively in cross-cultural activities with Americans in schools and communities, and to return home ultimately to share their experiences and their increased knowledge of the United States. Such exchanges enable visitors to understand better American culture, society, and teaching practices at the primary and secondary levels, and enhance American knowledge of foreign cultures, customs, and teaching approaches.
(b) Designation.
The Department of State may, in its discretion, designate bona fide programs satisfying the objectives in section (a) above as exchange visitor programs in the teacher category.
(c) Visitor eligibility.
A foreign national shall be eligible to participate in an exchange visitor program as a full-time teacher if the individual:
(1)
Meets the qualifications for teaching in primary or secondary schools in his or her country of nationality or last legal residence;
(4)
Seeks to come to the United States for the purpose of full-time teaching at a primary or secondary accredited educational institution in the United States; and
(d) Visitor selection.
Sponsors shall adequately screen teachers prior to accepting them for the program. Such screening, in addition to the requirements of § 62.10(a), shall include:
(1)
Evaluating the qualifications of the foreign applicants to determine whether the criteria set forth in paragraph (c) of this section are satisfied; and
(2)
Securing references from colleagues and current or former employers, attesting to the teachers' good reputation, character and teaching skills.
(e) Teaching position.
Prior to the issuance of the Form DS-2019, the exchange visitor shall receive a written offer and accept in writing of a teaching position from the primary or secondary accredited educational institution in which he or she is to teach. Such position shall be in compliance with any applicable collective bargaining agreement, where one exists. The exchange visitor's appointment to a position at a primary or secondary accredited educational institution shall be temporary, even if the teaching position is permanent.
(f) Program disclosure.
Before the program begins, the sponsor shall provide the teacher, in addition to what is required in § 62.10(b), with:
(2)
A summary of the significant components of the program, including a written statement of the teaching requirements and related professional obligations; and
(3)
A written statement which clearly states the compensation, if any, to be paid to the teacher and any other financial arrangements in regards to the exchange visitor program.
(g) Location of the exchange.
The teacher shall participate in an exchange visitor program at the primary or secondary accredited educational institution(s) listed on his or her Form DS-2019 and at locations where the institution(s) are involved in official school activities (e.g., school field trips and teacher training programs).
(h) Duration of participation.
The teacher shall be authorized to participate in the Exchange Visitor Program for the length of time necessary to complete the program, which shall not exceed three years.